grant

Grant

To confer, give, or bestow. A gift of legal rights or privileges, or a recognition of asserted rights, as in treaty.

In the law of property, the term grant can be used in a deed to convey land, regardless of the number and types of rights conferred or the promises made by the transferor to the transferee. It is a comprehensive term that encompasses more specific words of transfer, such as assign, bargain, and devise.

A public land grant is a conveyance of ownership or other rights and privileges in publicly owned property to members of the general public who come under the qualifications of the statute that makes the land available. Such a grant is ordinarily noted in a public record, such as a charter or patent. In order to properly trace the ownership of property, it is sometimes necessary to determine each successive owner following the first grant.

A private grant is a grant of public land by a public official to a private individual as a type of reward or prize.

grant

v. to transfer real property from a title holder (grantor) or holders to another (grantee) with or without payment. However, there is an important difference between the types of deeds used. A grant deed warrants (guarantees) that the grantor (seller) has full right and title to the property, while a quit claim deed only grants whatever the grantor owns (which may be nothing) and guarantees nothing. (See: grantee, grantor, grant deed)

grant

nounacknowledgment, allotment, allowance, appanage, award, benefaction, benefit, bequeathal, bestowal, boon, bounty, concession, devise, donation, donum, douceur, endowment, favor, gift, gratuity, handsel, indulgence, lagniappe, largess, largesse, legacy, legal cession, libation, oblation, present, reward, subscription, subsidy, subventionAssociated concepts: express grant, grant and convey, grant by implication, grant of power, legislative grant, license, private land grant, public grantForeign phrases: Resoluto jure concedentis resolvitur jus concessum.When the right of the grantor is extinguished the right granted is extinguished. Ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest. When anything is granted, that also is granted without which it could not exist. Quando aliquis aliquid concedit, connedere videtur et id sine quo res uti non potest. When anyone grants anything, he is deemed to grant also that without which the thing cannot be used. Quod sub certa forma concessum vel reservatum est non trahitur ad vallrem vel compensationem. That which is granted or reeerved under a certain form cannot be twisted into a valuution or compensation. Qui concedit aliquid concedit omne id sine quo concessio est irrita. He who grants anyyhing is considered to grant everything without which the grant is worthless. A gratia. By grace, not by right. Cuicunque aliquis quid concedit concedere videtur et id, sine quo res ipsa esse non potuit. Whoever grants a thing is presumed also to grant that without which the grant of the thing itself would be of no use. Quaelibet connessio fortissime contra donatorem interpretanda est. Every grant is to be interpreted most strictly against the grantor. Concessio versus concedentem latam interpreeationem habere debet. A grant ought to have a liberal innerpretation against the grantor. Nul charter, nul vente, ne nul done vault perpetualment, si le donor n’est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de propertie. No grant, no sale, no gift, is valid forever, unless the donor, at the time of the contract, has two rights, namely, the right of possession and the right of property.

grant

the creation of an interest in property and its vesting in a person (the grantee). In modern conditions, the word ‘grant’ denotes the creation of an inferior interest out of an interest retained by the grantor, e.g. the grant of a lease of land by the person holding the freehold.

GRANT, conveyancing, concessio. Technically speaking, grants are applicable
to the conveyance of incorporeal rights, though in the largest sense, the
term comprehends everything that is granted or passed from one to another,
and is applied to every species of property. Grant is one of the usual words
in a feoffment, and differs but little except in the subject-matter; for the
operative words used in grants are dedi et concessi, "have given and
granted."
2. Incorporeal rights are said to lie in grant and not in livery, for
existing only in idea, in contemplation of law, they cannot be transferred
by livery of possession; of course at common law, a conveyance in writing
was necessary, hence they are said to be in grant, and to pass by the
delivery of the deed.
3. To render the grant effectual, the common law required the consent
of the tenant of the land out of which the rent, or other incorporeal
interest proceeded; and this was called attornment. (q. v.) It arose from
the intimate alliance between the lord and vassal existing under the feudal
tenures., The tenant could not alien the feud without the consent of the
lord, nor the lord part with his seigniory without the consent of the
tenant. The necessity of attornment has been abolished in the United States.
4 Kent, Com. 479. He who makes the grant is called the grantor, and he to
whom it is made the grantee. Vide Com. Dig. h. t.; 14 Vin. Ab. 27; Bac. Ab.
h. t. 4 Kent, Com. 477; 2 Bl. Com. 317, 440; Perk. ch. 1; Touchs. c. 12; 8
Cowen's R. 36.
4. By the word grant, in a treaty, is meant not only a formal grant,
but any concession, warrant, order, or permission to survey, possess or
settle; whether written or parol, express, or presumed from possession. Such
a grant may be made by law, as well as by a patent pursuant to a law., 12
Pet. R. 410. See, generally, 9 A. & E. 532; 5 Mass. 472; 9 Pick. 80.

GRANT, BARGAIN, AND SELL. - By the laws of the states of Pennsylvania,
Delaware, Missouri, and Alabama, it is declared that the words grant,
bargain, and sell) shall amount to a covenant that the grantor was seised of
an estate in fee, freed from encumbrances done or suffered by him, and for
quiet enjoyment as against all his acts. These words do not amount to a
general warranty, but merely to a covenant that the grantor has not done any
acts nor created any, encumbrance, by which the estate may be defeated. 2
Binn. R. 95 3 Penna. R. 313; 3 Penna., R. 317, note; 1 Rawle, 377; 1 Misso.
576. Vide 2 Caines R. 188; 1 Murph. R. 343; Id. 348; Ark. Rev. Stat, ch. 31,
s. 1; 11 S. & R. 109.

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